SC Has No Statewide Decriminalization — H.3110 + H.3561 + H.3803 Failures

Last verified: May 2026

What "Decriminalization" Means

"Decriminalization" in U.S. cannabis-policy debate typically refers to one or more of: (a) reclassifying simple possession of small amounts as a civil infraction or violation rather than a criminal misdemeanor; (b) eliminating jail exposure on first-offense simple possession; (c) substituting a fine, citation, or summons for arrest; (d) making the offense ineligible to support a permanent criminal record. State-by-state implementations vary widely. In Massachusetts (2008), Vermont (decrim 2013, before its 2018 legalization), Maryland (2014, before its 2023 adult-use legalization), and many other states, decriminalization was a transitional step on the road to broader reform. South Carolina has not taken any of these steps.

South Carolina’s Current Possession Floor

Under S.C. Code § 44-53-370(d)(4), simple possession of marijuana (1 oz or less) or hashish (10 g or less) is a criminal misdemeanor: up to 30 days in jail and a $100–$200 fine on a first offense; up to one year and $200–$1,000 on a second or subsequent offense. There is no de minimis amount that escapes criminal classification. Possession of more than 1 oz is treated as prima facie possession with intent to distribute (PWID), a felony with up to 5 years on a first offense (§ 44-53-370(b)(2)). Trafficking (10+ lbs) carries a 1–10 year mandatory minimum. The criminal-misdemeanor floor combined with the prima facie PWID presumption above 1 oz produces what defense counsel call the "one-ounce felony cliff." See PWID felony cliff page.

The H.3110 (2025–26) Vehicle

The most recent serious decriminalization vehicle is H.3110 in the 2025–26 session, sponsored by Rep. Chris Hart (D-Richland) and a small bloc of House Democrats. The bill would convert simple possession of one ounce or less of marijuana to a civil infraction punishable by a fine without arrest, jail exposure, or criminal record. The current draft preserves the existing felony classification for possession over 1 oz and makes no change to PWID, trafficking, cultivation, or paraphernalia treatment. As of May 2026, H.3110 has been referred to the House Judiciary Committee but has not been scheduled for a hearing, and is not expected to advance in the 2025–26 session.

The 2023–24 Session: H.3561 and H.3803

In the prior 2023–24 session, two House Democratic decrim bills were filed:

• H.3561 — Would have reduced simple-possession penalties and provided record-clearing relief for prior simple-possession convictions. Did not advance from House Judiciary.
• H.3803 — Companion measure with similar civil-infraction conversion. Did not advance.

Neither received a committee hearing. The 2023–24 session’s cannabis-policy oxygen was consumed by the Senate-side Compassionate Care Act effort (S.423), which itself died in the House 3M Committee.

Why Decrim Has Not Passed

Several structural and political factors explain South Carolina’s failure to enact statewide decriminalization despite broad public support:

• Republican supermajority. The House sits at approximately 88 of 124 seats Republican; the Senate at 30 of 46. Decrim bills filed by House Democrats face a hostile committee environment from the outset.
• Law-enforcement opposition. The South Carolina Sheriffs’ Association (SCSA), with Executive Director Jarrod Bruder as principal voice, has consistently opposed decriminalization on the same theory that has blocked medical cannabis: that any reduction in cannabis-enforcement authority undermines broader public-safety policy. SLED Chief Mark Keel has been an aligned voice. See opposition coalition page.
• House Family Caucus. Rep. John McCravy III’s caucus, which led the 2022 origination-clause kill of the Compassionate Care Act, has been similarly active against decrim efforts.
• The Compassionate Care Act blockage. Reform energy has been disproportionately invested in the medical-cannabis effort. Decrim advocates have struggled to secure committee oxygen even within the Democratic caucus.
• The municipal-preemption ruling. The 2018 SC Court of Appeals ruling in S.C. Public Interest Foundation v. City of Columbia — which invalidated a Columbia City Council ordinance directing officers to issue $25 tickets in lieu of arrest — signaled that local-level decrim cannot substitute for state legislation. Decrim must come from the General Assembly, and the General Assembly has not delivered. See city attempts page.
• No citizen ballot initiative. South Carolina is one of 24 states without statewide citizen-initiated ballot measures. Voters cannot bypass the General Assembly. See no citizen initiative page.

The Enforcement Reality Without Decrim

The absence of statewide decriminalization has produced what the ACLU described in its 2020 A Tale of Two Countries report as the second-highest marijuana possession arrest rate in the nation. Specific 2018 data points:

• 38,289 marijuana arrests in South Carolina in 2018, of which 34,229 were for possession — about 48% of all drug arrests in the state.
• Marijuana possession arrests rose 52.8% from 2010 to 2018, even as several other Southern states moved toward decriminalization or medical-cannabis legalization.
• Black South Carolinians were arrested for marijuana possession at 3.5 times the rate of white residents statewide; 9.4× in CPD enforcement; 8.4× in Pickens County; 8.3× in Oconee County.
• Chester County had the highest per-capita marijuana possession arrest rate of any U.S. county in the ACLU 2010–2018 dataset.
• Per FBI National Incident-Based Reporting System (NIBRS) data published in 2024, SC recorded 10,325 marijuana possession arrests and 1,185 marijuana sales arrests in 2023 — a substantial decline from the 2018 peak but still among the highest absolute totals nationally.

See ACLU disparity page.

Pretrial Intervention as De Facto Diversion

In the absence of statewide decriminalization, the principal de facto diversion pathway for first-offense simple-possession defendants is the Pretrial Intervention (PTI) program under S.C. Code §§ 17-22-10 through 17-22-160. PTI is a circuit-solicitor-administered program available to first-offense defendants whose successful completion results in dismissal of the underlying charge. PTI completion typically requires a fee, drug testing, education or treatment when indicated, and a clean compliance period. While PTI provides a meaningful path to dismissal for many defendants, it is not equivalent to decriminalization: it requires arrest, booking, the § 56-1-286 collateral driver’s license suspension on conviction (avoided only by successful PTI completion), and the discretion of a circuit solicitor. See PTI page.

Where the Politics Stand in 2026

As the 2025–26 session approaches its May 8, 2026 sine die, the prospect of statewide decriminalization remains effectively zero. The House Judiciary Committee has not scheduled H.3110. The Senate has no companion vehicle in the current session. Reform-coalition energy is concentrated on the Compassionate Care Act (S.53), which is itself stalled. Realistically, statewide decrim would require either (a) a substantial shift in the House Republican caucus, (b) federal preemption pressure following the April 2026 DOJ Schedule III rescheduling order, or (c) a comprehensive medical-cannabis enactment that creates political space for separate decrim consideration. None of these is in immediate prospect. See federal rescheduling page.

Comparison to Neighboring Southern States

• North Carolina: simple possession of 1/2 oz or less is a Class 3 misdemeanor punishable by a $200 fine and no jail. Effectively a soft-decrim posture, though no formal civil-infraction conversion.
• Georgia: state law penalizes simple possession as a misdemeanor; several Georgia cities (Atlanta, Savannah) have enacted city-level fine-only ordinances similar to the 2015 Columbia attempt.
• Tennessee: simple possession of 1/2 oz or less is a Class A misdemeanor (up to one year). Memphis and Nashville passed local fine-only ordinances; ordinances were repealed by state preemption.
• Florida: simple possession of 20 g or less is a misdemeanor; several Florida counties have civil-citation programs.
• South Carolina: misdemeanor up to 30 days first offense, no civil-citation alternative, no fine-only option. The most punitive simple-possession floor in the immediate Southeast region.